The key issue was whether the property was Miss Walford’s main or only home. The High Court judgement concluded that a ‘home’ is a place to which a person has a degree of attachment both physical and emotional.

However, emotional attachment may not be enough on its own; the degree of occupation of the property by a relative is crucial, and yet this occupation does not have to be all the time.

For example, someone who travels a lot, or who is posted overseas as part of their job, but considers the property still their main home, and returns regularly where possible, could now claim the property is their main home, even if they rent other properties in the meantime.

Similarly, someone with a nomadic lifestyle who does not have their own home elsewhere and who considers the property somewhere they will eventually come back to, could also potentially argue that the property should be disregarded in means testing.

Essentially this means that ‘occupation’ is not the same as physical presence, i.e. you don’t have to actually physically live at the property all the time to ‘occupy’ the property.

Also, there is no need for a relative to have been occupying the property before the person needed care; the purpose of the move will be considered, and also to ensure that a family member does not become homeless if the property is included in means testing.

However, in all this there is of course one vital point to remember:

Issues of mean testing and property disregard are secondary to assessments for NHS Continuing Healthcare; where a person needs full time care on account of health needs, a Continuing Healthcare assessment should be carried out first, before the health and social care authorities ask any questions about a person’s money or property assets.

Since this article was originally published, Worcestershire County Council appealed the decision and, unfortunately for the family, the Council won. It means that the property can now be taken into account in means testing. The Court of Appeal decided that a relative must actually be resident at a property at the time a person goes into care in order for the property to be disregarded in the means test. This will come as a blow to many families in a similar position.

As I understand it Karen, you are over 60 and therefore fulfil the legal requirements ensuring you can stay there and the house will not be taken into consideration. One thing I will say is, if your mother requires full time care in a care home , make sure the first thing you do is ask for a full assessment to see if she needs medical care as well. If she ends up in hospital and they tell you she needs this full time care, insist that she has a full assessment before she leaves hospital and not after. I had this problem with my mother and I insisted whilst seeing the consultant that she must not be moved from hospital without this. The consultant was wanting to place her in a temporary care home until they had decided what to do. I refused for this to happen and he then said he would fast track her to a care home of our choice as she did need medical care as well. I also had trouble with the Social Services who overstepped their legal position by seeing my mother on her own (she had dementia) in hospital and questioning her about her finances before any decisions had been made or a full assessment done. I complained in the strongest terms about their actions for which they apologised but I suspect is common practice albeit unlawful. This website holds all the information you will require, which is where I got all my information from, which I otherwise would not have known.

Hi I’m 42 have been my grandmother’s primary carer for many years I have lived in her house witch she owns all my adult life. I have a partner and 3 year child social services want us to place my grandmother in a care home as her dementia has got to a stage where its very hard to look after her at home even with a care package, does this mean we while be left homeless ??

Question from Wendy: My friends mum is 90 with dementia and vascular dementia and I have moved in with her to care for her I was living at my boyfriends house that he owns and we have now split up . I do and have done for many years suffered with mental health problems . I look after mum 24/7 and would have nowhere to go if the house was to be sold . We pay an amount for her care please can you advise me as I’m so worried

We are being means tested re help with care fees at home or day centre called direct payments.
I look after my husband full time he has Alzheimer’s diagnosed 2009. They are taking a property my husband owns a quarter of in the equation – so it takes him over the limit – as we cannot sell this asset unless the other two owners buy him out which they do not want to do surely this should be disregarded ? Which I have pointed out but they still insist on including this in the means test.
I am desperate for some respite as is my husband from me.
Angie

Hi – I have one question, my father put the house in a deed of trust with myself and brother and i have been living in the house for a number of years looking after my father who’s now in a care home self funding at the moment. Would this situation definately keep the house out of the local authorities hands?

I’m 53 and was caring for my mother in her own home for three years, before she went into full time residential care.
The council has just notified me (Jan 2018) that the property WILL BE DISREGARDED in any means assessment, as long as I continue to live in it as my only home.
The important factors are things like when and why you moved in and would you be homeless if required to leave.
Justice does indeed appear to have been served, at least in my case!

Need one-to-one help with your individual case?

Get your FREE info e-bulletin

When you subscribe you'll also receive a link to our free e-guide, “The 7 Costliest Mistakes Most Families Unwittingly Make With Care Fees – and 5 tips to avoid them".

* indicates required

Email Address *

First Name

Last Name

By clicking Subscribe, you agree that we may send you regular information bulletins by email. You can unsubscribe at any time using the link in our emails. By clicking Subscribe you also confirm you have read and accepted our Privacy Notice.

Keep up-to-date with us

Share this:

Step-by-step e-book

Many people find this e-book a cost-effective starting point: How To Get The NHS To Pay For Care.

It takes you step-by-step through the whole NHS Continuing Healthcare process, right from the start, including how to approach the NHS, what should (and shouldn’t) happen, the pitfalls to avoid, what to do and say before, during and after an assessment, what’s right and what’s not, how to challenge decisions, how to pull apart the NHS’s assessment notes, etc.

It gives you a firm understanding of the process and lots of useful and practical information.

What is Care To Be Different?

Care To Be Different is a trading name of Continuing Care Solutions Ltd, Registered no. 09939723.

All content on the Care To Be Different website is copyright Continuing Care Solutions Ltd.

Our free e-bulletin

When you subscribe we’ll also send you a link to our FREE e-guide: “The 7 Costliest Mistakes Most Families Unwittingly Make With Care Fees – and 5 tips to avoid them".

* indicates required

Email Address *

First Name

Last Name

By clicking Subscribe, you agree that we may send you regular information bulletins by email. You can unsubscribe at any time using the link in our emails. By clicking Subscribe you also confirm you have read and accepted our Privacy Notice.